I live in the state of New York (Upstate)...I live in a apartment. Which is a house with 2 apartment, one upstairs one down stairs. There is only one entrance to get into the apartments...which is also your exit as well. But before you can enter the apartment...You have to go on the porch. The porch used to have two post/banister. One of them has been broken for many months. And the owner/landlord haven’t fix it yet, he just laid it alongside of the porch. I understand he has lot of iron in the fire(other things to do)such as take care of the other houses and apartments he has. Because I know he owns a lot of buildings and stuff. But it would only take 10-15 of his time to fix. A few mornings ago. I was coming down the steps, and happened to slip on some ice/snow. I could of have some support if the post/banister was there, but which it wasn’t, and in result of that. I broke my arm. Is that my fault. Would that be the landlord responsibility to fix that or was that the tenants responsibility ?
2007-02-02 02:48:53 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I would think this would be the landlords responsibility and if I were you I would seek legal advise as you might be able to sue for damages. Better consider if you do that you should be looking for a new place to live. I also think there may be a fire hazard here as there should be two exits, check with the fire department about the laws in your area.
2007-02-02 02:56:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Your landlord having other "irons in the fire" does not excuse him from his responsibility of providing you a safe place in which to live.
Now, because of his negligence, you have a broken arm. As you said, had the banister been there for you to grab hold of, it could have prevented your fall.
You're not at fault for your broken arm, and you have a good case against him which you should (at the very least) seek to have him responsible for paying any/all medical costs due to your fall.
A few years back, a friend of mine had a similar experience, though she fell and had multiple fracture's in her ankle. She also ended up losing her job due to being out of work so much. The case still hasn't come to court yet and been resolved, so it's possible that for you, it may take a few years to resolve this as well.
One thing she learned from her lawyer, which is good advice to anyone, is in the future, anything that is a safety issue, needs to not only be verbally addressed to the landlord/lady, but also put into writing, dated, and make a copy, of which one is sent by certified mail to the landlord/lady. That way, they can't deny you ever said anything and they didn't know.
Hoping you have a speedy and full recovery of your broken arm, and that your apartment is being fixed of any/all safety hazards.
2007-02-02 03:53:57 · answer #2 · answered by here today gone tomorrow 1 · 0⤊ 0⤋
Local codes vary. Ice clearing is generally considered a landlord's responsibility and fixing broken things like a bannister is as well. You may be successful in getting your medical bills paid, but it will probably require a lawsuit and cour time. Try approaching the landlord with the problem and showing him what happened to you as a result of the bannister not being fixed in a timely manner. Do not engage in an angry exchange or demand compensation. If you do sue, it will take time and you may very well end up moving.
2007-02-02 02:56:13 · answer #3 · answered by fangtaiyang 7 · 2⤊ 0⤋
It's your landlords responsibility to have fixed that post, not to mention it's his responsibility to pay for the damages and medical costs for your broken arm..
Your landlord was and is neglectful and he should have fixed that post long ago. Be honest and polite with him and tell him he needs to fix the post and pay for the medical damages on your arm that your health insurance won't cover.
If he won't at least do that and the post still doesn't get fixed take him to court..
Good Luck.
2007-02-02 03:08:23 · answer #4 · answered by carebearashee 4 · 0⤊ 0⤋
ANY New York attorney would jump all over that. It's the landlord's responsibility for your accident. the legal field always goes for the "deep pocket theory" meaning you don't go after someone unless they have money. In the case of your landlord, he has plenty of property and money. Sue him, take the $30,000 for your broken arm "pain and suffering" and use it for down payment on a nice house.
2007-02-10 02:40:37 · answer #5 · answered by big dog 1 · 0⤊ 0⤋
Definitely the landlord's responsibility. You need to discuss the issue with him. He doesn't resolve the matter, you need to tell him that you are reporting him to the state. He has an obligation as the landlord to make sure that the environment you live in meets certain standards. He could be liable for your doctor bills if you can prove that he was negligent.
2007-02-02 02:54:42 · answer #6 · answered by Anonymous · 2⤊ 0⤋
I live in upstate Ny and own several rental units, so I can confirm for you that your landlord is 100% responsible. All you have to do is show that he knew beforehand that it was broken, and he neglected to fix it. But, he shouldnt make too huge of a deal out of it. Thats why we have insurance. But, I would deffinately sue him over it. Not to get rich, but so he knows your serious about him fixing things for your safety.
2007-02-02 02:53:48 · answer #7 · answered by Paul 2 · 2⤊ 0⤋
Sounds like your landlord was negligent.
You laws may be a little different than in FL, but here's a website to give you some idea........
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http://www.800helpfla.com/landlord_text.html
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Good luck
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2007-02-02 02:56:52 · answer #8 · answered by J T 6 · 0⤊ 1⤋
i think it is his responsibily. you are paying him to live there and you should have a right to have a safe and nice looking apartment building.
2007-02-02 02:53:54 · answer #9 · answered by tinker_bell 3 · 0⤊ 1⤋
TO manage pretty much the land or apartmants!!!!!!!!!!!!
2007-02-09 08:12:01 · answer #10 · answered by Jacquelyn Nicole 2 · 0⤊ 0⤋